21-2-540. Conduct and timing of special primaries and special elections generally.

1. (1)

   Every special primary and special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general primaries and general elections; and the provisions of this chapter relating to general primaries and general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special primaries and special elections held at the time of a general primary, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, insofar as practicable, as are used for such general primary. All special primaries and special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, insofar as practicable, as are used for such general election.#

2. (2)

   If a vacancy occurs in a partisan office to which the Governor is authorized to appoint an individual to serve until the next general election, a special primary shall precede the special election.#

At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections to present questions to the voters which are to be held in conjunction with the presidential preference primary, a state-wide general primary, or state-wide general election shall be called at least 90 days prior to the date of such presidential preference primary, state-wide general primary, or state-wide general election; provided, however, that this requirement shall not apply to special elections to present questions to the voters held on the same date as such presidential preference primary, state-wide general primary, or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork.#

1. (1)

   Notwithstanding any other provision of law to the contrary, a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:#

   1. (A)

      In odd-numbered years, any such special primary or special election shall only be held on:#

      1. (i)

         The third Tuesday in March;#

      2. (ii)

         The third Tuesday in June;#

      3. (iii)

         The third Tuesday in September; or#

      4. (iv)

         The Tuesday after the first Monday in November; and#

   2. (B)

      In even-numbered years, any such special primary or special election shall only be held on:#

      1. (i)

         The third Tuesday in March; provided, however, that in the event that a special primary or special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special primary or special election shall be held on the date of and in conjunction with the presidential preference primary;#

      2. (ii)

         The date of the general primary; or#

      3. (iii)

         The Tuesday after the first Monday in November;#

   3. provided, however, that, in the event that a special primary or special election to fill a federal or state office on a date other than the dates provided in this paragraph has been scheduled and it is possible to hold a special primary or special election to fill a vacancy in a county, municipal, or school board office in conjunction with such special primary or special election to fill a federal or state office, the special primary or special election to fill such county, municipal, or school board office may be held on the date of and in conjunction with such special primary or special election to fill such federal or state office, provided all other provisions of law regarding such primaries and elections are met.

2. (2)

   Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:#

   1. (A)

      In odd-numbered years, any such special election shall only be held on the third Tuesday in March or on the Tuesday after the first Monday in November; and#

   2. (B)

      In even-numbered years, any such special election shall only be held on:#

      1. (i)

         The date of and in conjunction with the presidential preference primary if one is held that year;#

      2. (ii)

         The third Tuesday in March; provided, however, that such special election shall occur prior to July 1, 2024, and present a question to the voters on sales and use taxes authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;#

      3. (iii)

         The date of the general primary; or#

      4. (iv)

         The Tuesday after the first Monday in November.#

3. (3)

   The provisions of this subsection shall not apply to:#

   1. (A)

      Special elections held pursuant to Chapter 4 of this title, the “Recall Act of 1989,” to recall a public officer or to fill a vacancy in a public office caused by a recall election; and#

   2. (B)

      Special primaries or special elections to fill vacancies in federal or state public offices.#

Except as otherwise provided by this chapter, the superintendent of each county or municipality shall publish the call of the special primary or special election.#

1. (1)

   Candidates in special elections for partisan offices that are not preceded by special primaries shall be listed alphabetically on the ballot and may choose to designate on the ballot their party affiliation. The party affiliation selected by a candidate shall not be changed following the close of qualifying.#

2. (2)

   Candidates in special primaries shall be listed alphabetically on the ballot.#